What's happening
This bill creates a new class D felony for intentionally inciting imminent violence against a police officer.
Why it matters
Expands criminal liability. This bill creates a new felony offense specifically for intentionally advocating violence against police officers, which means certain forms of speech or expression could now lead to serious criminal charges if they are found to incite imminent violence.
Raises stakes for protest-related speech. Individuals participating in protests or heated public debates about policing may face increased legal risks if their words are interpreted as inciting violence, potentially chilling free speech or protest activity.
Signals legislative priority on police protection. By elevating incitement against police to a class D felony, the law underscores a political and legal priority to deter acts and advocacy perceived as threats to law enforcement, possibly affecting community-police relations and discussions about police accountability.
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Who cares
Headline styles
Criminalize Inciting Police Violence
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
169
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. HELMING, AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to inciting violence against a police officer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 240.12 to read as follows: § 240.12 Inciting violence against a police officer.
A person is guilty of inciting violence against a police officer when, with the intention of inciting or producing imminent violence against a police officer, he or she advocates violence against one or more police officers that is likely to incite or produce such violence.
Inciting violence against a police officer is a class D felony.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04840-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to inciting violence against a police officer
Purpose
Establishes a class D felony for the crime of inciting violence against a police officer.
Summary of provisions
Section 1. The penal law is amended by adding new section 240.12, estab- lishing the crime of inciting violence against a police officer.
Section 2. This act shall take effect on the ninetieth day after it shall have become law.
Justification
This legislation aims to protect and prevent crimes against those who have made a career out of protecting the citizens of this state. In recent months we have seen a surge in violent crimes committed against on-duty police officers. Members of local policing communities have become targets for violent offenders and we must act to curb this trend with the proper classification of the crimes committed.
Prior legislative history
2018: S.2566 passed Senate 2017: S.2566 passed Senate 2016-2015 - passed Senate
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.